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NATIONAL SECURITY INFORMATION (CRIMINAL AND CIVIL PROCEEDINGS) ACT 2004 - SECT 16

Disclosure of information in permitted circumstances

                   A person discloses information in permitted circumstances if:

                     (a)  the person is the prosecutor in a federal criminal proceeding and the person discloses the information in the course of his or her duties in relation to the proceeding; or

                    (aa)  the person:

                              (i)  is a party to a civil proceeding; and

                             (ii)  has been given a security clearance by the Department at the level considered appropriate by the Secretary;

                            and discloses the information in the proceeding, or in a closed hearing in relation to the proceeding; or

                    (ab)  the person:

                              (i)  is a Minister; or

                             (ii)  is in the employment of the Commonwealth or an authority of the Commonwealth; or

                            (iii)  holds or performs any duties of any office or position under a law of the Commonwealth;

                            and the person discloses the information in the course of his or her duties in relation to a civil proceeding; or

                    (ac)  the person:

                              (i)  is the legal representative of a party to a civil proceeding or, if section 38K applies, of the Attorney‑General; and

                             (ii)  has been given a security clearance by the Department at the level considered appropriate by the Secretary;

                            and discloses the information in the course of his or her duties in relation to the proceeding; or

                    (ad)  the person:

                              (i)  is assisting a legal representative mentioned in paragraph (ac); and

                             (ii)  has been given a security clearance by the Department at the level considered appropriate by the Secretary;

                            and discloses the information in the course of his or her duties in relation to the proceeding; or

                     (b)  the person is a staff member within the meaning of the Intelligence Services Act 2001 and the person discloses the information in the course of his or her duties.



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